United States · United States Congress · 28 March 1995
Ryan White CARE Reauthorization Act of 1995 - Amends title XXVI (HIV Health Care Services Program) of the Public Health Service Act regarding emergency relief for areas with a substantial need for services. Changes requirements for grants to metropolitan areas having large numbers of cases of acquired immune deficiency syndrome (AIDS). Modifies the composition, chairperson requirements, and duties of local human immunodeficiency virus (HIV) health services planning councils. Revises requirements for supplemental grants. Alters the method for determining the amount of each grant, the mandated uses of the grants, and application requirements. Allows a single application for initial and supplemental grants and authorizes both to be made as a single grant. Mandates (currently, allows) technical assistance. Authorizes planning grants. Amends provisions relating to the care grant program to change the uses of HIV care consortia grants and consortium application requirements. Mandates establishment of a recommended minimum formulary of pharmaceutical drug therapies approved by the Food and Drug Administration. Revises: (1) State duties in using grant funds to provide treatments; (2) State application requirements; and (3) planning, evaluation, and administration requirements. Mandates (currently, allows) technical assistance. Mandates grievance procedures to address allegations of egregious violations of title XXVI. Requires coordination of the planning and implementation of Federal HIV programs by the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and the Substance Abuse and Mental Health Services Administration. Amends early intervention services provisions to: (1) require grant recipients to provide a continuum of primary care; and (2) modify other requirements regarding uses of grant funds. Authorizes planning grants to entities that are not direct primary care providers to enable them to provide HIV primary care services. Authorizes appropriations for early intervention grants. Replaces provisions mandating demonstration grants for research and services for pediatric AIDS patients with provisions mandating grants for primary care for out-patient care and support services to children, youth, women with HIV disease, and the families of those individuals and for facilitating the participation of such individuals in research. Requires procedures for the protection of human subjects. Prohibits conditioning services on research participation. Authorizes appropriations. Reserves a specified portion of the amounts appropriated under other parts of title XXVI to administer a special projects of national significance program to award direct grants for special programs for the care and treatment of individuals with HIV disease. Repeals current provisions relating to special projects of national significance. Replaces provisions of the Public Health Service Act authorizing grants and contracts to train the faculty of specified types of health professions schools regarding providing for the health care needs of individuals with HIV disease with provisions authorizing grants and contracts to train health personnel, including community providers, in the diagnosis, treatment, and prevention of HIV infection and disease. Authorizes appropriations. (Sec. 4) Amends title XXVI provisions relating to emergency relief for areas with a substantial need for services to modify the formula for determining the amount of grants. (Sec. 5) Amends provisions relating to the care grant program to change the formula regarding minimum grant allotments. (Sec. 6) Authorizes appropriations to make grants under title XXVI provisions relating to: (1) emergency relief for areas with a substantial need for services; and (2) the care grant program. Mandates development and implementation of a methodology for adjusting the percentages allocated to those parts. Repeals existing authorizations of appropriations for those parts.
United States · United States Congress · 28 March 1995
TABLE OF CONTENTS: Title I: Disposition of Locatable Mineral Deposits Title II: Mineral Activities Title III: Royalties Title IV: Abandoned Locatable Minerals Mine Reclamation Fund Title V: Transition Rules Title VI: Administrative Provisions Locatable Mineral Mining Reform Act of 1995 - Title I: Disposition of Locatable Mineral Deposits - Permits a mining claim to be located, on land owned by the United States open to location, only in accordance with this Act and consistent general mining laws. Sets forth provisions regarding: (1) posting a notice of location; (2) use of public land surveys; (3) filing of such notice with the Secretary of the Interior; (4) location fees; (5) date of location; (6) lands and minerals included in claims; (7) mill sites; (8) claim conflicts; and (9) disposition of land encumbered by a prior mining claim located under general mining laws. Specifies that, unless subsequently withdrawn, a mining claim may be located under this Act on Federal land if the land: (1) was open to the location of mining claims under the general mining laws on the day preceding this Act's enactment date; or (2) is opened to the location of mining claims on or after such date by administrative action or by statute. Sets forth provisions regarding annual claim maintenance fees, claim limitations, continuation of mining claims and mill sites, and mineral patents. Title II: Mineral Activities - Prohibits a person from engaging in a mineral activity or claim location activity that: (1) causes a minimal disturbance to the environment without filing a notice of intention to operate with the Secretary; and (2) may cause more than a minimal disturbance to the environment unless the person obtains an exploration permit or a mining permit that authorizes the activity. Sets forth provisions regarding: (1) procedures and requirements for permits for exploration activities and for mining permits; (2) financial assurances; (3) transfers, assignments, and sales of rights; (4) persons ineligible for permits (permit violators); (5) operations and reclamation standards and monitoring; (6) Federal and State roles; (7) annual inspections by the Secretary; (8) enforcement (including notices of noncompliance, civil actions, civil and criminal penalties, and liability of corporate officers and agents for violations by a corporation); (9) administrative review; and (10) judicial review. Title III: Royalties - Subjects production of locatable minerals, including mineral concentrates and products derived from locatable minerals, to the payment of a royalty on the gross value of the first marketable product. Sets royalties on gold production and on mineral production other than gold. Sets forth provisions regarding: (1) duties of claim holders, operators, and transporters; (2) recordkeeping and reporting requirements; (3) interest assessments; and (4) hearings and investigations. Title IV: Abandoned Locatable Minerals Mine Reclamation Fund - Establishes in the Treasury the Abandoned Locatable Minerals Mine Reclamation Fund. Permits amounts in the Fund to be used for the purpose of conducting reclamation of land and water resources adversely affected by past mineral activity. Sets priorities for making expenditures from the Fund. Directs the Secretary to ensure that reclamation activities under this title are consistent with applicable Federal law. Sets forth provisions regarding: (1) eligible lands and waters; (2) fund expenditures; and (3) appropriations and spending authority. Title V: Transition Rules - Sets forth rules with respect to new and preexisting claims. Sets forth provisions regarding: (1) qualifications for fee simple patents; and (2) transition rules for surface management. Title VI: Administrative Provisions - Sets forth provisions regarding the effect of this Act with respect to the general mining laws, water quantity laws, laws relating to surface management, other laws, agency responsibilities, and mineral activity. Directs the Secretary, except as otherwise provided in this Act, to adjust all fees, penalties, and other dollar amounts established in this Act for changes in the purchasing power of the dollar every five years following this Act's enactment date by an amount equal to the annual adjustment in the implicit price deflator for the Gross National Product established by the Secretary of Commerce. Amends the Surface Resources Act of 1955 to: (1) include clay among the varieties of minerals not deemed to be valuable mineral deposits and make specified mineral deposits subject to disposal under the terms and conditions of the Materials Act of 1947; and (2) make mineral materials subject to the right of the United States for disposal and severance.
United States · United States Congress · 24 March 1995
Amends the National Trails System Act to designate the Great Western Scenic Trail, a system of trails to accommodate a variety of travel users in a corridor extending from the Arizona-Mexico border to the Idaho-Montana-Canada border, for study for addition to the national scenic trails system.
United States · United States Congress · 23 March 1995
Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Excludes from the definition of "recyclable material" any material that contains polychlorinated biphenyls in excess of 50 parts per million or any Federal standard promulgated after this Act's enactment. Considers transactions involving scrap paper, plastic, glass, textiles, rubber (other than whole tires), or metal or spent batteries to be arranging for recycling if the person arranging the transaction can demonstrate that: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; (4) in the case of transactions occurring no later than 90 days after this Act's enactment, the person exercised reasonable care to determine that the consuming facility was in compliance with Federal, State, or local environmental laws or regulations; (5) in the case of transactions involving scrap metal that occurred after the effective date of a regulation or standard associated with scrap metal recycling promulgated under the Solid Waste Disposal Act, the person was in compliance with such regulation or standard and did not melt the metal prior to the transaction; and (6) in the case of transactions involving batteries, the person did not recover the valuable components of the battery and the person was in compliance with Federal environmental regulations or standards regarding battery recycling. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that, in the case of transactions occurring no later than 90 days after this Act's enactment, the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material.
United States · United States Congress · 22 March 1995
Establishes within the Department of the Interior the Presidio Trust. Directs the Secretary of the Interior to transfer to the administrative jurisdiction of the Trust specified areas of the Presidio military complex. Establishes a board of directors to manage the Trust. Requires the Trust to manage the leasing, maintenance, rehabilitation, repair, and improvement of Presidio property under its jurisdiction. Provides related Trust authorities. Requires Trust financial statements to be audited annually. Requires the Trust to report annually to the Secretary and the Congress on its operations, activities, and accomplishments during the prior fiscal year. Authorizes appropriations to carry out Trust activities.
United States · United States Congress · 22 March 1995
Amends the National Trails System Act to require the Secretary of the Interior to study for designation as a national scenic trail: (1) the Old Spanish Trail, beginning in Santa Fe, New Mexico, proceeding through Colorado and Utah and ending in Los Angeles, California; and (2) the Northern Branch of such trail, beginning near Espanola, New Mexico, proceeding through Colorado, and ending near Crescent Junction, Utah.
United States · United States Congress · 9 March 1995
Amends the Colorado River Basin Salinity Control Act to direct the Secretary of the Interior to implement a basinwide salinity control program. Authorizes the Secretary to carry out such program directly or through contracts, memorandums of agreement, grants, commitments for grants, or advances of funds to non-Federal entities. Specifies that such program shall: (1) consist of cost-effective measures and associated works to reduce salinity from saline springs, leaking wells, irrigation sources, industrial sources, erosion of public and private land, or other appropriate sources; and (2) provide for the mitigation of incidental fish and wildlife values that are lost as a result of such measures. Directs the Secretary to submit a planning report concerning the program to the appropriate congressional committees. Prohibits the Secretary from expending funds for any such implementation program before the expiration of 30 days after the Secretary submits such report. Authorizes appropriations.
United States · United States Congress · 8 March 1995
Expresses the sense of the Senate that: (1) obstetrician-gynecologists should be included as primary care providers for women in Federal laws relating to the provision of health care; and (2) legislative proposals that define primary care should include primary care services performed by obstetrician-gynecologists in such definition.
United States · United States Congress · 7 March 1995
Requires the Secretary of the Interior to enter into an agreement with the town of Grand Lake, Colorado, to authorize the town to maintain a cemetery within the boundaries of Rocky Mountain National Park.
United States · United States Congress · 7 March 1995
Reforestation Tax Act of 1995 - Amends the Internal Revenue Code to provide taxpayers a partial inflation adjustment for the deduction from gross income for qualified timber gain. Allows such deduction in computing adjusted gross income. Excludes from conditions of the material participation rules, for purposes of the passive loss limitations, closely held timber activity if the aggregate hours devoted to management of the activity for any year is generally fewer than 100 hours. Increases the amount allowable as a deduction for amortization of reforestation expenditures and provides an inflation adjustment after calendar year 1995. Applies such inflation adjustment to the reforestation credit. Shortens the amortization period from 84 to 60 months.
United States · United States Congress · 6 March 1995
Expresses the sense of the Congress that the President should promptly indicate that the United States will welcome a private visit by Taiwanese President Lee Teng-hui to his alma mater, Cornell University, and will welcome a transit stop by President Lee in Anchorage, Alaska, to attend the USA-ROC Economic Council Conference.
United States · United States Congress · 2 March 1995
Indian Gaming Regulatory Act Amendments Act of 1995 - Amends the Indian Gaming Regulatory Act to establish (in lieu of the National Indian Gaming Commission) the Federal Indian Gaming Regulatory Commission as an independent U.S. agency. Directs the Commission to establish minimum Federal standards for background investigations, licensing, and security. Grants the Commission investigatory authority. Sets forth the regulatory framework for class II and III gaming. Directs the President to establish the Advisory Committee on Minimum Regulatory Requirements and Licensing Standards. Sets forth requirements for: (1) licensing; (2) conduct of class I, II, and III gaming on Indian lands; and (3) contract review. Sets forth civil penalty and judicial review provisions. Funds the Commission from authorized appropriations and class II and III gaming fees. Proscribes, with specified exceptions, gaming on trust lands. Applies specified tax withholding and bank reporting requirements to Indian gaming operations. Requires the Commission to make certain law enforcement information available to State and tribal authorities.
United States · United States Congress · 2 March 1995
Requires the Secretary of the Interior to enter into an agreement with the town of Grand Lake, Colorado, to authorize the town to maintain a cemetery within the boundaries of Rocky Mountain National Park.
United States · United States Congress · 23 February 1995
State and Local Government Interstate Waste Control Act of 1995 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator, effective January 1, 1996, from receiving out-of-State municipal solid waste for disposal or incineration unless the owner or operator of the landfill or incinerator obtains authorization (as part of a host community agreement) from the affected local government. Requires owners or operators to make specified information regarding the facility available prior to seeking such authorization. Authorizes State Governors, unless inconsistent with a host community agreement or permit authorizing the receipt of out-of-State waste, to limit the quantity of out-of-State waste received at landfills and incinerators that received documented shipments of such waste in 1993 (or were authorized to receive pursuant to an agreement or permit entered into prior to this Act's enactment) to an annual amount equal to the quantity received in 1993. Permits State Governors, unless inconsistent with a host community agreement or permit, to prohibit the disposal of such waste at landfills and incinerators that received such waste in 1993 (or were authorized to pursuant to a prior agreement or permit) if the waste is generated in a State determined to have exported more than the following amounts of waste to landfills or incinerators not covered by host community agreements: (1) 3.5 million tons in 1996; (2) 3 million tons in 1997 and 1998; (3) 2.5 million tons in 1999 and 2000; (4) 1.5 million tons in 2001 and 2002; and (5) 1 million tons in 2003 and thereafter. Establishes limitations on waste exports to landfills or incinerators not covered by host community agreements or permits. Exempts from the prohibition on receipt of out-of-State waste, except as otherwise provided, landfills and incinerators that: (1) received documented shipments of such waste during 1993; or (2) prior to this Act's enactment, entered into host community agreements or received permits authorizing the acceptance of such waste. Prohibits landfills or incinerators from receiving out-of-State waste in the absence of a host community agreement if the operating permit or license for the facility was denied or revoked. Permits the receipt of such waste without an authorization from the affected local government if the waste is generated within, and the landfill or incinerator is located within, the same bi-State level A metropolitan statistical area that contains two contiguous major cities located in different States.
United States · United States Congress · 16 February 1995
TABLE OF CONTENTS: Title I: Statement of Policy; Definitions Title II: Native American Financial Services Organization Title III: Capitalization of Organization Title IV: Regulation, Examination, and Reports Title V: Formation of New Corporation Title VI: Authorizations of Appropriations Native American Financial Services Organization Act of 1995 - Title I: Statement of Policy; Definitions - Sets forth a statement of policy and purposes and definitions with respect to this Act. Title II: Native American Financial Services Organization - Establishes the Native American Financial Services Organization to assist in improving Native American housing and economic situations including the creation of Native American Financial Institutions. Authorizes a Native American lending services grant. Title III: Capitalization of Organization - Sets forth Organization capitalization provisions. Title IV: Regulation, Examination, and Reports - Sets forth Organization regulation, examination, and reporting requirements. Title V: Formation of New Corporation - Provides for the formation of a new Organization under the laws of any tribe, State, or the District of Columbia. Title VI: Authorizations of Appropriations - Authorizes appropriations for: (1) Native American Financial Institutions; and (2) the Organization.
United States · United States Congress · 15 February 1995
Directs the Secretary of Veterans Affairs to: (1) designate not more than five facilities of the Department of Veterans Affairs as locations for centers of mental health services research, education and training, and the development and implementation of innovative clinical activities and systems of care with respect to the delivery of such services by the Department; (2) subject to appropriations, establish and operate such centers; (3) designate one such center by January 1, 1996; and (4) ensure that such centers are located in various geographic regions. Requires the official within the Central Office of the Veterans Health Administration (VHA) responsible for mental health and behavioral science matters to establish a panel to assess the scientific and clinical merit of proposals submitted to the Secretary for the establishment of new centers. Requires at least three centers to emphasize research into improving the quality of care provided to mentally ill veterans through the development of community-based alternatives to institutional treatment. Requires the Under Secretary for Health of the Department to ensure that useful information produced by activities at the centers is disseminated throughout the VHA. Authorizes appropriations. Requires reports.
United States · United States Congress · 15 February 1995
Authorizes the Alpha Phi Alpha Fraternity to establish a memorial to Martin Luther King, Jr., in the District of Columbia and its environs. Prohibits the United States from paying any expense of establishing the memorial.
United States · United States Congress · 14 February 1995
Readjustment Counseling Service Amendments of 1995 - Includes a Readjustment Counseling Service (RCS) as part of the Veterans Health Administration of the Department of Veterans Affairs. Prohibits the Secretary of Veterans Affairs from altering or revising the organizational structure of RCS until the Secretary has notified specified congressional committees and 60 days have elapsed since such notification. Requires RCS budget information to be included annually in the President's budget submitted to the Congress. Outlines eligibility requirements for one of the Assistant Under Secretaries for Health in the Department, including at least three years of clinical experience and two years of administrative experience in RCS or other comparable mental health care counseling service. Makes such a qualified person the director of RCS. Increases from eight to nine the authorized number of Assistant Under Secretaries for Health. Directs the Secretary to furnish readjustment counseling to any veteran who: (1) served on active duty during the Vietnam era; or (2) served on active duty in a theater of combat during a period of war (currently, only after May 7, 1975) in any area in which hostilities occurred. Authorizes the Secretary to furnish such assistance to any other veteran upon request. Directs the Secretary to provide counseling to survivors and dependents of members of the armed forces killed while performing such duty. Allows the Secretary to provide such counseling to the survivors and dependents of other members killed during active duty or from a condition incurred in or aggravated by such service. Establishes in the Department the Advisory Committee on the Readjustment of Veterans to perform advisory services with respect to veterans' readjustment, taking into special account Vietnam era veterans. Requires specified reports from the Advisory Committee and the Secretary. Directs the Secretary to report to the congressional veterans' affairs committees: (1) a plan for the expansion of the Vietnam Veteran Resource Center program; and (2) on the feasibility and desirability of the collocation of Vet Centers and outpatient clinics of the Department as current leases for such centers and clinics expire. Directs the Secretary to carry out and report to the Congress on a pilot program for the provision of health-related services to eligible veterans at readjustment counseling centers.
United States · United States Congress · 13 February 1995
Privatization of Defaulted Debt Collection Act - Amends the Federal criminal code to require the Director of the Administrative Office of the U.S. Courts, to the extent practicable, to contract with private entities on a contingent fee basis to collect fines and special assessments on convicted persons that are more than 120 days in default.
United States · United States Congress · 9 February 1995
Wounded Knee National Tribal Park Establishment Act of 1995 - Directs the Secretary of the Interior to establish the Wounded Knee National Tribal Park consisting of a North and South unit at which national monuments should be erected to memorialize the Indian victims of the 1890 Wounded Knee Massacre. Directs the Secretary to enter into cooperative agreements with the Cheyenne River Sioux (for the North unit) and the Oglala Sioux (for the South unit) tribes to carry out planning, design, construction, operation, maintenance, and replacement activities at monument sites at their respective unit. Authorizes the Secretary to provide technical assistance to both tribes, as well as training and employment to tribal members in the operation and maintenance of both units. (Sec. 5) Authorizes each such tribe to acquire lands for inclusion in the North or South unit of the Park. Allows the Secretary to provide financial assistance for such purchases. Directs each tribe to manage its respective unit. (Sec. 7) Directs the Secretary to plan, design, and construct the national monuments on each Park unit after consultation with an advisory committee established under this Act. Requires the Secretary to complete and report to the Congress on feasibility studies to: (1) establish and mark the route taken by Chief Big Foot and his band from the Cheyenne River Indian Reservation to Wounded Knee as a national historic trail; and (2) establish a visitor information and orientation center on the Cheyenne River Indian Reservation. (Sec. 8) Establishes the Wounded Knee National Tribal Park Advisory Commission. (Sec. 9) Authorizes either tribe or its designated agency or authority to enter into an agreement with a nonprofit corporation to raise funds from private sources to be used in lieu of, or to supplement, any Federal funds made available by appropriations for Park purposes. (Sec. 11) Authorizes appropriations.
United States · United States Congress · 7 February 1995
Fall River Visitor Center Act of 1995 - Authorizes the Secretary of the Interior to expend donated and appropriated funds for the operation and maintenance of a visitor center to be constructed with private funds on property owned by H.W. Stewart, Inc., for visitors to, and administration of, Rocky Mountain National Park, Colorado.
United States · United States Congress · 7 February 1995
Publicly Owned Treatment Works Biological Monitoring Use Act - Amends the Federal Water Pollution Control Act to require permits for discharges from publicly owned treatment works to contain terms for biological monitoring or whole effluent toxicity testing and for establishing a process to reduce the cause of such toxicity if the permitting authority determines that such discharges cause, have the potential to cause, or contribute to an in-stream excursion above a narrative or numeric criterion for whole effluent toxicity. Provides that if the Administrator of the Environmental Protection Agency determines that it is necessary to include biological monitoring, whole effluent toxicity testing, or assessment methods as a permit condition for publicly owned treatment works, the failure of such tests shall not result in a finding of violation.
United States · United States Congress · 2 February 1995
Amends the Uranium Mill Tailings Radiation Control Act of 1978 to extend from 1996 to 1998 the authority of the Secretary of Energy to perform remedial action under the Act.
United States · United States Congress · 2 February 1995
Extends through December 31, 2003, the eligibility of veterans for: (1) inpatient care for exposure to toxic substances and ionizing radiation during military service; (2) inpatient and outpatient care for exposure to a toxic substance or environmental hazard during the Persian Gulf War. Extends eligibility for such outpatient care for any disability to veterans who, during the period before December 31, 2003, either: (1) served on active duty in Vietnam and may have been exposed to dioxins or other toxic substances during such duty; or (2) were exposed during active duty to ionizing radiation during atomic testing or during the American occupation of Hiroshima and Nagasaki.
United States · United States Congress · 2 February 1995
Law Enforcement Officers' Bill of Rights Act of 1995 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that apply when an officer is under investigation that could lead to disciplinary action, including, with respect to: (1) rights of officers while under investigation, the right to be notified of the investigation prior to being interviewed and, at the conclusion of the investigation, to be informed in writing of the investigative findings and any recommendation for disciplinary action; (2) rights of officers prior to and during questioning, that the questioning be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation prior to any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel); and (3) the conduct of a disciplinary hearing, notice of opportunity for a hearing, requirement of determination of a violation, time limits, notice of filing of charges, representation, provision of a hearing board and procedure, access to evidence, identification of witnesses, a copy of the investigative file, examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals. Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer. Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements.
United States · United States Congress · 1 February 1995
Home Office Deduction Act of 1995 - Amends the Internal Revenue Code to provide that a home office qualifies as the principal place of business if: (1) the office is the location where the taxpayer's essential administrative or management activities are conducted on a regular and systematic (and not incidental) basis by the taxpayer; and (2) the office is necessary because the taxpayer has no other location for the performance of the essential administrative or management activities of the business. Treats the storage of product samples as inventory for deduction purposes.
United States · United States Congress · 1 February 1995
Reorganizes the Department of Health and Human Services (HHS) position of Director of Indian Health Services as the Assistant Secretary for Indian Health. Amends the Indian Health Care Improvement Act to reorganize the Indian Health Service as an agency of HHS, moving it from the Public Health Service.
United States · United States Congress · 31 January 1995
Commercial Aviation Fuel Tax Repeal Act - Amends the Internal Revenue Code to repeal the increase in tax on fuel used in commercial aviation scheduled to take effect after September 30, 1995.
United States · United States Congress · 30 January 1995
Veterans' Tax Fairness Act of 1995 - Amends the Internal Revenue Code to exclude from gross income any veterans' allowance or benefit administered by the Secretary of Veterans Affairs.
United States · United States Congress · 30 January 1995
Equal Remedies Act of 1995 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove the limits on the dollar amount of damages awardable for pecuniary and nonpecuniary losses and punitive damages.
United States · United States Congress · 26 January 1995
Emergency Spending Control Act of 1995 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and the Congressional Budget Act of 1974 to restrict the inclusion of nonemergency spending proposals in emergency spending legislation. Allows such proposals to contain rescissions of budget authority or provisions that reduce direct spending.
United States · United States Congress · 26 January 1995
Amends the Social Security Act to make social services block grants directly available to Indian tribes or tribal organizations. Obligates specified block grant amounts for such use.
United States · United States Congress · 26 January 1995
Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to: (1) treat Indian tribes as States under such Act; (2) delegate primary enforcement authority for programs under such Act to Indian tribes; and (3) provide grant and contract assistance to tribes to carry out such Act. Sets forth conditions under which Indian tribes may be treated as States. Directs the Administrator to report to the Congress on: (1) recommendations for addressing hazardous and solid wastes and underground storage tanks (USTs) within Indian country; (2) methods to maximize Indian participation in, and administration of, programs under such Act; and (3) an estimate of the amount of assistance required and a discussion of proposals by the Administrator concerning the provision of assistance to Indian tribes for the administration of such programs. Requires the Administrator to establish an inventory of sites within Indian country at which hazardous waste has been stored or disposed. Amends the Internal Revenue Code to reserve at least three percent of the amounts made available to States from the Leaking Underground Storage Tank Trust Fund for Indian tribes to carry out response actions for petroleum USTs.
United States · United States Congress · 26 January 1995
Constitutional Amendment - Declares that equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.
United States · United States Congress · 24 January 1995
Amends the Mineral Leasing Act to authorize the Secretary of the Interior to lease certain public domain lands in Garfield County, Colorado, for oil and gas exploration, development, and production. Conditions such a lease upon the payment of a royalty. Authorizes the Secretary to establish a sliding scale royalty of between 12.5 percent and 25 percent in amount or value of the production removed or sold from the lease. Mandates that: (1) the royalty payable to the United States be paid in crude oil of a quality acceptable to the Secretary of Energy produced on or off the reserve, and be deposited into the Strategic Petroleum Reserve (SPR); (2) 50 percent of the value that the Secretary establishes for the royalty oil be paid to the State from amounts received which otherwise would be deposited to the Treasury as miscellaneous receipts; and (3) with respect to such royalty oil there be no payment to the reclamation fund or the Treasury as miscellaneous receipts. Permits such a lease to include the transfer, at fair market value, of federally owned oil and gas equipment suitable for hydrocarbon development on such lands. Instructs the Secretary to take all actions necessary to ensure that the cost of compliance with this Act is minimized.
United States · United States Congress · 23 January 1995
TABLE OF CONTENTS: Title I: Taxpayer Advocate Title II: Modifications to Installment Agreement Provisions Title III: Interest Title IV: Joint Returns Title V: Collection Activities Title VI: Information Returns Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax Title VIII: Awarding of Costs and Certain Fees Title IX: Other Provisions Title X: Form Modifications; Studies Subtitle A: Form Modifications Subtitle B: Studies Taxpayer Bill of Rights 2 - Title I: Taxpayer Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayer Advocate, headed by the Taxpayer Advocate, to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayer Advocate. Replaces the Office of the Ombudsman with the Office of the Taxpayer Advocate. (Sec. 102) Revises the terms of a Taxpayer Assistance Order to: (1) allow the Order to require the Secretary of the Treasury to act within a specified time period; and (2) require the Secretary to take certain actions (currently, only to cease or refrain from taking certain actions). Title II: Modifications to Installment Agreement Provisions - Grants certain taxpayers the right to an installment agreement for the payment of tax liability less than $10,000. (Sec. 202) Suspends any penalties during the period the installment agreement is in effect. (Sec. 203) Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. (Sec. 204) Provides for administrative review of denials of requests for, or termination of, installment agreements. Title III: Interest - Authorizes the abatement of interest in the case of an assessment due to the unreasonable error or delay of an IRS act. (Sec. 302) Extends from ten to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Title IV: Joint Returns - Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. (Sec. 402) Removes limitations on filing a joint return after filing separate returns. Title V: Collection Activities - Authorizes the Secretary, in certain cases, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary to provide a copy of such notice of withdrawal to the taxpayer and, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. (Sec. 503) Requires prior notification to the taxpayer that the taxpayer is under examination and an explanation of the process, with exceptions. (Sec. 504) Increases the dollar limit on the recovery of civil damages for unauthorized collection actions. (Sec. 505) Revises provisions with respect to a designated summons concerning the standard of review and notice requirements for issuance. Title VI: Information Returns - Requires payee statements to provide the phone number of the person providing payment. (Sec. 602) Establishes civil damages for the fraudulent filing of information returns. (Sec. 603) Requires the Secretary, in any court proceeding where a taxpayer asserts a reasonable dispute with respect to income reported on an information return filed by a third party and the taxpayer has fully cooperated with the Secretary, to present reasonable and probative information concerning such deficiency in addition to such return. Title VII: Modifications to Penalty for Failure to Collect and Pay Over Tax - Establishes preliminary notice requirements for failure to pay tax. (Sec. 702) Directs the Secretary to: (1) disclose certain information where more than one person is liable for a penalty; and (2) ensure that IRS employees are aware of their responsibilities under the tax depository system, the circumstances under which they may be liable for penalties, and reporting responsibilities. (Sec. 703) Exempts unpaid, volunteer board members of tax-exempt organizations who do not have actual knowledge of the failure on which such penalties are imposed from collection penalties. Title VIII: Awarding of Costs and Certain Fees - Authorizes a taxpayer who substantially prevails on a claim to file a motion for an order requiring the disclosure of all information and copies of relevant records in the possession of the IRS regarding such taxpayer's case and the substantial justification for the position taken by the IRS. (Sec. 802) Increases the limit on attorney fees. (Sec. 803) Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Title IX: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. (Sec. 902) Sets forth provisions regarding: (1) treatment of substitute returns under section 6651 (relating to failure to file a tax return or to pay tax); (2) prospective application of Treasury Department regulations; and (3) required notice to the taxpayer of payments that the Secretary cannot associate with any outstanding tax liability of such taxpayer. (Sec. 905) Authorizes a taxpayer to bring a civil damage suit against the United States if any U.S. officer or employee intentionally compromises the determination or collection of any tax due from an attorney, certified public accountant (CPA), or enrolled agent representing a taxpayer in exchange for information conveyed by the taxpayer for purposes of obtaining advice concerning tax liability, except where conveyed for the purpose of perpetrating a fraud or crime. Title X: Form Modifications; Studies - Subtitle A: Form Modifications - Directs the Secretary to: (1) take steps to ensure that taxpayers are aware of provisions of the Internal Revenue Code permitting payment of tax in installments, extensions, and compromises of tax liability; (2) provide improved procedures for taxpayers to notify the Secretary of changes in names and addresses; and (3) include in the IRS publication entitled "Your Rights As a Taxpayer" a section on the rights and responsibilities of divorced individuals. Subtitle B: Studies - Directs the Secretary to: (1) establish a one-year pilot program for appeals of enforcement actions to the Appeals Division of the IRS; (2) study ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with the internal revenue laws; and (3) report to the tax-writing committees on the IRS's taxpayer-rights education program and on all cases involving complaints about misconduct of IRS employees. (Sec. 1015) Requires the Comptroller General to conduct: (1) a study on IRS efforts to notify taxpayers of tax deficiencies; and (2) annual studies of the accuracy of 25 of the most commonly used IRS forms, notices, and publications.
United States · United States Congress · 20 January 1995
Amends the charter of the Veterans of Foreign Wars to make eligible for membership those U.S. veterans who served honorably on the Korean peninsula or in its territorial waters for not less than 30 consecutive days, or a total of 60 days, after June 30, 1949.
United States · United States Congress · 20 January 1995
Missing Service Personnel Act of 1995 - Requires the military commander of the unit, facility, or area to which the following persons are assigned to conduct an investigation as to their whereabouts after receiving factual information that their status is uncertain: (1) military personnel who disappear during a period of war, national emergency, or hostilities; and (2) any civilian Federal employee (including an employee of a Federal contractor) who serves with or accompanies an armed force in the field during such a period. Requires such persons to be placed in a missing status and requires notification of such status to either the officer having general court-martial authority over the person (for military personnel) or the Secretary of the military department employing such person (for civilian and contractor employees). Requires such officials to be kept informed (specifies deadlines) as to all information and inquiries concerning efforts to locate such missing personnel. Requires such officials to appoint a board to conduct an inquiry into the whereabouts and status of such persons. Provides for: (1) board composition, activities, and access to information; (2) inquiry proceedings (requiring the appointment of counsel, with specified duties, to represent the missing person); (3) a board recommendation as to the official status of a person following such an inquiry; (4) board reports to the officials involved as to board conclusions (prohibiting public availability of such reports for a one-year period); (5) report review by the official; (6) a report from such official to interested persons; and (7) an additional investigation and inquiry by an additional board upon receipt of new information within one year after the date of the first official notice of a person's disappearance. Allows interested persons (family members, dependents, next of kin) to participate at the proceedings of the board during such additional inquiry. Provides for the availability of appropriate information to board personnel conducting investigations and inquiries. Provides similar procedures for the second board with respect to meetings (open to the public, with exceptions), recommendations, reports, review by the Secretary of the military department concerned, and reports to interested persons. Requires a board to be reconvened when information becomes available that would directly lead to a determination of a person's status. Requires the Secretary concerned to appoint a board to conduct an inquiry as to the status of a missing person: (1) on or about three years after the first official notice of the disappearance of such person; and (2) not later than every three years thereafter until a total of 12 years after the first official notice. Provides for: (1) the release to a board by the Secretary concerned of all personnel file information concerning missing persons; (2) the treatment of classified information; (3) penalties for the wrongful withholding of information; (4) limited circumstances under which a board may recommend that a missing person be declared officially dead; (5) the submission by the board of appropriate information if such recommendation occurs; and (6) judicial review for interested persons of a board decision to declare a person officially dead. Provides for the appointment of a board to review the status of a person previously declared dead, with board procedures similar to those described above. Requires a person previously declared dead or in a missing status who is subsequently found alive to be paid for the full time of their absence. Directs the Secretary concerned, upon the enlistment or commission of a person in an armed force, to require such person to specify in writing his or her dependents, immediate family, primary next of kin, and any other individual that the person shall designate for purposes of this Act. Allows for revision of such designation at any time.
United States · United States Congress · 20 January 1995
Expresses the sense of the Senate that the U.S. Attorney General should fully enforce the law and protect persons seeking to provide or obtain, or assist in providing or obtaining, reproductive health services from violent attack. Specifies that nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the First Amendment to the Constitution.
United States · United States Congress · 19 January 1995
Expresses the sense of the Congress that: (1) Taiwan deserves full participation, including a seat, in the United Nations (UN); and (2) the U.S. Government should encourage the UN to establish an ad hoc committee to study membership for Taiwan in the UN and its related agencies.
United States · United States Congress · 18 January 1995
Delays the effective date for imposition of penalties upon States that do not have in effect safety belt and motorcycle helmet traffic safety programs. Exempts a State from certain penalties for failing to meet requirements relating to motorcycle helmet laws if the State has in effect a motorcycle safety program.
![Official portrait of Sen. Campbell, Ben Nighthorse [R-CO]](https://www.congress.gov/img/member/c000077_200.jpg)